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Memorandum

DATE: JUNE 7,2010

TO: MAYORAND MEMBERS OF COUNCIL

FROM: ROBERT A. RIZZO,CHIEF ADMINISTRATIVEOFFICER

SUBJECT: CONSIDERATION OF THE JOINT POWERSAGREEMENT FOR THE RANCHO SAN ANTONIOPOLICE AUTHORITY•••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••

Recommendation:

It is recommended that City Council approves the Joint Power Agreementfor the Rancho San Antonio Police Authority.

Background:

On April 27, 2010, the City of Bell approved Resolution 2010-09authorizing the Chief Administrative Officer to cooperate with the cities ofCudahy, Huntington Park, Maywood and South Gate to explore thefeasibility of a regional law enforcement authority.

For many years, the concept of regionalized law enforcement services hasbeen discussed, with the accepted belief that regionalization can enhanceservice delivery at a more affordable cost.

The cities of Bell and Maywood are hereby taking a step forward todemonstrate this belief by regionalizing police services into a newlyformed police department governed under the authority of this JointPowers Agreement.

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JOINT POWERS AGREEMENT FOR POLICE SERVICESBY AND BETWEEN THE CITY OF BELL AND THE CITY OF MAYWOOD

THE AGREEMENT: Dated July 1,2010, is by and between the City ofBell and the City of Maywood, municipal corporations duly organized andexisting in the County of Los Angeles, State of California, collectively referred toherein as the Agencies.

RECITALS

WHEREAS, each of the Agencies is legally responsible for providing policeprotection within its jurisdiction; and

WHEREAS, the jurisdictional areas of the Agencies are contiguous toeach other, are primarily residential in character, and lend themselves to beingprovided with police protection services under common administration andmanagement; and

WHEREAS, for many years, the concept of regionalized law enforcementservices has been discussed, with the accepted belief that regionalization canenhance service delivery at a more affordable cost; and

WHEREAS, the cities of Bell and Maywood are taking a bold step forwardto demonstrate this belief by regionalizing police services into a newly formedpolice department governed under the authority of this Joint PowersAgreement; and

WHEREAS, it is the Agencies' desire to insure that the joint PoliceDepartment remains at all times administratively and operationally sensitive,responsive and conscious of the individual police service philosophies andpriorities of the City Councils of Bell andMaywood; and

WHEREAS, the Agencies desire to promptly identify police servicedifferences that may arise from time to time between them and to resolve samein a timely and equitable manner; and

WHEREAS, with the successful operation of this Joint PowersAgreement, it is hoped that other cities within the southeast Los Angeles areawill join the Joint Powers Agreement to further expand and enhance theefficiency and cost effective delivery of police services to the Rancho SanAntonio area;

NOW, THEREFORE, in consideration of the foregoing and of the mutualcovenants contained herein, the Agencies do hereby agree as follows:

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ARTICLE I - DEFINITION OF TERMS

Section 1.1. General. Wherever the following terms are used in thisagreement they shall have the following meaning unless otherwise specificallyindicated by the context in which they appear.

Section 1.2. "Act." "Act"means the provisions of Chapter 5 ofDivision 7 of Title 1 of the California Government Code (commencing withSection 6500) pertaining to joint powers agreement.

Section 1.3. "Agencies" and "Agency." "Agencies" means both of theparties to this agreement and "Agency"means either party to the agreement.

Section 1.4. "Agreement." "Agreement" means this Agreement.

Section 1.5. "Area." "Area" means the combined aggregatejurisdictional service areas of the Agencies as they now exist and as they maybe hereafter modified by annexation of territory or the exclusion of territoryfrom the boundaries of either Agency.

Section 1.6. "Authority." "Authority" means the Rancho SanAntonio Police Authority, a public entity.

Section 1.7. "Fiscal Year." "Fiscal Year" means the period from July1st of each year to and including the following June 30th.

Section 1.8. "Fiscal Officer." "Fiscal Officer" means one of theManagers or their joint designee.

Section 1.9. "Management Committee." "Management Committee"means the Manager of the City of Bell and the Manager of the City of Maywood.

Section 1.10 "Police Chief." "Police Chief' means the ChiefExecutive Officer of the Authority.

Section 1.11 "Board." "Board" means the Rancho San AntonioPolice Authority governing body.

ARTICLE II - GENERAL PROVISIONS

Section 2.1. Purpose. This Agreement is made pursuant to the Actproviding for the joint exercise of powers common to the Agencies. The purposeof this Agreement is to create and provide for the operation and management of

·,the Rancho San Antonio Police Authority, which will render police services tothe communities of Bell and Maywood.

Section 2.2. Creation of Authority. Pursuant to the Act, there ishereby created a public entity to be known as the "Rancho San Antonio PoliceAuthority," hereinafter called the "Authority." The Authority is a public entityseparate from Bell and Maywood, and shall administer this agreement.

Section 2.3. Term. This Agreement shall be effective on the datehereof and shall continue in effect until such time as terminated pursuant toArticle IX.

Section 2.4. Rancho San Antonio Police Authority.

The Authority shall be governed by a Board of four (4) members. Two (2)members shall be Council members of Bell appointed by the City Council ofBell; and two (2) members shall be Council members of Maywood appointed bythe City Council of Maywood. All voting power of the Authority shall reside inthe Rancho San Antonio Police Authority. Each member of the Rancho SanAntonio Police Authority shall serve at the pleasure of the Agency whichappoints such member. Vacancies on the Rancho San Antonio Police Authorityshall be filled by the respective appointing Agencies.

Section 2.5. Meetings of the Rancho San Antonio Police Authority.

a) Regular Meetings. The Rancho San Antonio Police Authority shallprovide for its regular meetings; provided, however, that at least one regularmeeting shall be held each year. The date, hour, and place of the regularmeetings shall be fixed by resolution of the Board, and a copy of suchresolution shall be filed with the Manager of each of the Agencies.

b) Call, Notice and Conduct of Meetings. All meetings of the Board shallbe called, noticed, held, and conducted in accordance with the provisions of theCalifornia Government Code.

Section 2.6. Minutes. The Secretary of the Rancho San AntonioPolice Authority shall cause to be kept minutes of the meetings of the RanchoSan Antonio Police Authority and shall, as soon as possible after each meeting,cause a copy of the minutes to be forwarded to each member of the Board andto the Manager of each of the Agencies and the Police Chief.

Section 2.7. Voting. Each member of the Rancho San AntonioPolice Authority shall have one vote.

Section 2.8. Quorum; Required Votes; Approvals. Three membersof the Board shall constitute a quorum for the transaction of business, except

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that less than a quorum may adjourn from time to time. The affirmative votesof three members shall be required to take any action.

Section 2.9. Bylaws. The Rancho San Antonio Police Authority mayadopt, from time to time, such bylaws, rules, and regulations for the conduct ofits meetings and affairs as are necessary for the purposes hereof, provided thatthe same shall not be inconsistent herewith.

ARTICLE III - OFFICERS AND EMPLOYEES

Section 3.1. Chairperson, Vice-Chairperson, and Secretary. TheBoard shall annually elect a Chairperson and Vice-Chairperson from among itsmembers, and shall appoint a Secretary who may, but need not, be a memberof the Rancho San Antonio Police Authority. These officers shall perform theduties normal to said officers; and

a) The Chairperson shall preside at all meetings of the PoliceCouncil and shall perform such other duties as may be imposed by the PoliceCouncil; and

b) The Vice-Chairperson shall act and perform all of the Chairperson'sduties in the absence of the Chairperson; and

c) The Secretary shall keep accurate minutes of all Board meetings andshall perform such other duties as may be imposed by the Board and cause acopy of this Agreement to be filed with the California Secretary of Statepursuant to the Act.

Section 3.2. Fiscal Officer. The Fiscal Officer shall be the depositoryfor and shall have custody of all of the accounts, funds, and money of theAuthority from whatever source. The Fiscal Officer shall have the duties andobligations set forth in the Act, and shall assure that there shall be strictaccountability of all funds and reporting of all receipts and disbursements ofthe Authority. The Fiscal Officer shall be appointed by the ManagementCommittee.

Section 3.3. Officers in Charge of Records and Property. Pursuantto the Act, the Fiscal Officer shall have charge of, handle, and have access toall records relating to accounts, funds, and money of the Authority; and theManagement Committee shall have charge of, handle, and have access to allphysical properties of the Authority; and the Secretary shall have charge of,handle, and have access to all other records of the Authority.

Section 3.4. Management. The management of the Authority shallbe vested in the Police Chief in consultation with the Management Committee.The Police Chief shall be appointed by the Board. The Police Chief, subject to

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such rules and regulations that the Board may prescribe, shall have full chargeof the police force of the Authority and be vested with the authority and duty:

a) To execute any contract for capital costs of special services,equipment, materials, supplies, maintenance or repair that involves anexpenditure by the Authority within budgetary limits approved by the RanchoSan Antonio Police Authority; .

b) To employ all personnel of the Authority authorized by the Board;

c] To have direct control, management and direction of all officers andemployees of the Authority and power to detail them to such public service asmay, in his/her judgment, be necessary, always looking to the best interests ofthe community that the Authority serves and the efficiency of the Authority.

d) To expend funds of the Authority and enter into contracts, wheneverrequired, in the combined judgment of the Management Committee, for theimmediate preservation of the public peace, health, or safety;

e) To sell any personal property of the Authority of a value less than$10,000 or in an amount determined by resolution of the Rancho San AntonioPolice Authority;

f) To authorize the settlement or compromise of damage clams againstthe Authority in the maximum amount provided for in the Government Code,and to recommend settlement or rejection of claims beyond said amount;

g) To represent the Authority in meet-and-confer sessions;

h) To act as personnel officer, including hiring and firing of all employeesin accordance with applicable personnel regulations adopted by the RanchoSan Antonio Police Authority;

i) To administer the priorities and policies established by the Board forpolice services of the Agencies. The Police Chief shall perform such otherduties as may be imposed upon it by the Rancho San Antonio Police Authority,and shall report at such times and concerning such matters as the Rancho SanAntonio Police Authority may require.

Section 3.5. Legal Advisor. The Board shall appoint a legal advisorto the Authority, who shall perform such duties as may be prescribed by theBoard.

Section 3.6. Other Employees. The Police Chief as the ExecutiveOfficer shall have the power to appoint and employ such other consultants,

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independent contractors or employees as may be necessary for the purposes ofthis Agreement.

ARTICLE IV - POWERS

Section 4.1. General Powers. The Authority shall exercise in themanner herein provided the powers common to each of the Agencies andnecessary to the accomplishment of the purposes of this Agreement. Asprovided in the Act, the Authority shall be a public entity separate from theAgencies. The Authority shall have the power to manage, maintain, and operatethe police facility of each Agency, subject to the following exclusions, whichmust receive prior approval from the Council of each Agency:

a) Closing existing facilities;

b) The issuance of any bonds.

Section 4.2. Specific Powers. The Authority is hereby authorized inits own name, to do all acts necessary for the exercise of the foregoing powers,including but not limited to any or all of the following:

a) To make and enter into contracts;

b) To employ agents or employees;

c) To acquire, construct, manage, maintain, or operate any buildings,works, or improvements;

d) To acquire, hold, or dispose of property;

e) To sue and be sued in its own name;

f) To incur debts, liabilities, or obligations;

g) To apply for, accept, receive and disburse grants, loans and other aidsfrom any private or public agency;

h) To invest any Authority funds not required for immediate necessities ofthe Authority, in the same manner and upon the same conditions as localagencies;

i) To carry out and enforce all the provisions of this Agreement.

Section 4.3. Obligations of Authority. The debt, liabilities, andobligations of the Authority shall not be the debts, liabilities, or obligations ofeither of the Agencies.

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ARTICLE V - METHODS OF PROCEDURE

Section 5.1. Assumption of Responsibilities by the Authority.Within 45 days after the date of this Agreement, the respective Agencies shallappoint the members of the Board and the City Manager of Bell shall givenotice of the organizational meeting of the Board. At said meeting Board shallprovide for its regular meetings and elect a Chairperson and Vice-Chairpersonand appoint a Secretary, and carry out such further business, consistentherewith, as it deems proper.

Section 5.2. Delegation of Powers; Transfer of Records, Accounts.Each of the Agencies hereby delegates to the Authority the power and duty tomaintain, operate, manage and control all of the police protection facilities,equipment, resources, and property of each of the Agencies within itsrespective territorial jurisdictions, including without limitation all policestations, land, buildings, and police equipment, and to employ the necessarypersonnel to do any and all other things necessary or desirable to providecontinued efficient and economical police services to the communities. Realproperty ownership will remain with the respective Agencies. Each Agency shalltransfer to the Authority all police records including personnel, accounts, andproperty (see Exhibit A)which relates to the providing of police services andwhich are necessary or desirable in the judgment of the ManagementCommittee to allow the Authority to function.

Section 5.3. Funding. Each of the Agencies shall pay the Authorityits share in the maintenance and operation costs of the Rancho San AntonioPolice Authority Budget computed on the basis set forth in this Agreement.

Section 5.4. By-Laws. The Board shall have the authority to adoptBy-Laws in order to provide for the efficient operation of the Rancho SanAntonio Police Authority.

ARTICLE VI - BUDGET: MAINTENANCE AND OPERATION COSTS: OTHERCOSTS

Section 6.1. Annual Budget. The Authority shall adopt a budget for. maintenance and operation costs, capital costs, and costs of special services intime to allow approval by the Agencies prior to June 30 of each fiscal year,beginning in July of 2010. The annual budget will be prepared by the PoliceChief in conjunction with the Management Committee. The preliminary budgetshall have a recommended allocation of costs between the Agencies, and thefinal adopted budget shall state the actual allocation formula.

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Section 6.2. Records and Accounts. The Authority shall cause to bekept accurate and correct books of account, showing capital costs, specialservices costs, and maintenance and operation costs of the Authority, and allfinancial transactions relating to the police facilities, which books of accountshall correctly show any receipts and also any costs, expenses, or charges to bepaid by the Authority. Said books and records shall be open to inspection at alltimes during normal business hours by either Agency. The Fiscal Officer shallcause all financial records of the Authority to be audited by an independentpublic accountant or certified public accountant and a copy of the audit to bedelivered promptly to each Agency.

Section 6.3. Allocation of Expenses: As a general rule,administrative, investigation, and communication costs, and the cost ofAuthority administration will be shared on a 50/50 basis. Patrol activities,related training and support costs will be shared on a basis to be approved bythe Rancho San Antonio Police Authority, which shall include consideration ofat least:

a) The most current population available through the State FinanceDepartment of each Agency;

b) The most current County-prepared assessed valuation of each Agency;

c) Calls for service within each Agency;

d) Identification of expenses attributed solely to one Agency;

e) Recognition of individual agency revenue-producing activities.

Section 6.4. Method and Timing of Payments. Beginning on July 1,2010, each Agency agrees to pay to the Authority its allocated share of the totalbudgeted annual costs and expenses of the Authority in four (4) equalinstallment payments on or before the first day of July, the first day of October,the first day of January, and the first day of April of each fiscal year or in amanner acceptable to the Management Committee. The Authority shall submitto each of the Agencies a final statement of the costs and expenses for the fiscalyear, allocated in the same manner as estimated expenses were allocated,within three (3)months after the dose of each fiscal year, whereupon finaladjustments shall be made by the Authority and the Agencies. If the amount ofany allocated share of any estimated item of expense due from either Agencywas less than the final allocation of such item to such Agency, such Agencyshall pay the difference to the Authority prior to the fifteenth day of October. Ifthe amount of any allocated share of any estimated item of expense due fromeither Agency was in excess of the final allocation of such item to such Agency,the Authority shall apply such excess toward the next installment payment ofsuch Agency. .

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Section 6.2. Records and Accounts. The Authority shall cause to bekept accurate and correct books of account, showing capital costs, specialservices costs, and maintenance and operation costs of the Authority, and allfinancial transactions relating to the police facilities, which books of accountshall correctly show any receipts and also any costs, expenses, or charges to bepaid by the Authority. Said books and records shall be open to inspection at alltimes during normal business hours by either Agency. The Fiscal Officer shallcause all financial records of the Authority to be audited by an independentpublic accountant or certified public accountant and a copy of the audit to bedelivered promptly to each Agency.

Section 6.3. Allocation of Expenses: As a general rule,administrative, investigation, and communication costs, and the cost ofAuthority administration will be shared on a 50/50 basis. Patrol activities,related training and support costs will be shared on a basis to be approved bythe Rancho San Antonio Police Authority, which shall include consideration ofat least:

a) The most current population available through the State FinanceDepartment of each Agency;

b) The most current County-prepared assessed valuation of each Agency;

c) Calls for service within each Agency;

d) Identification of expenses attributed solely to one Agency;

e) Recognition of individual agency revenue-producing activities.

Section 6.4. Method and Timing of Payments. Beginning on July 1,20 10, each Agency agrees to pay to the Authority its allocated share of the totalbudgeted annual costs and expenses of the Authority in four (4) equalinstallment payments on or before the first day of July, the first day of October,the first day of January, and the first day of April of each fiscal year or in amanner acceptable to the Management Committee. The Authority shall submitto each of the Agencies a final statement of the costs and expenses for the fiscalyear, allocated in the same manner as estimated expenses were allocated,within three (3)months after the dose of each fiscal year, whereupon finaladjustments shall be made by the Authority and the Agencies. If the amount ofany allocated share of any estimated item of expense due from either Agencywas less than the final allocation of such item to such Agency, such Agencyshall pay the difference to the Authority prior to the fifteenth day of October. Ifthe amount of any allocated share of any estimated item of expense due fromeither Agency was in excess of the final allocation of such item to such Agency,the Authority shall apply such excess toward the next installment payment ofsuch Agency. .

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Section 8.1. Ownership of Police Facilities. Each Agency shallcontinue to own the police buildings now owned by each, respectively.

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Section 8.2. Agency Contribution. Exhibit A attached hereto is theexisting inventory and valuation as determined by the Management Committeeof the contributions that each Agency will make initially to the Authority.

Section 8.3. Enforcement by Authority. The Authority is herebyauthorized to take any or all legal or equitable actions, including but notlimited to injunction and specific performance, necessary or permitted by lawto enforce this Agreement.

ARTICLE IX - TERMINATION

Section 9.1. Termination. This agreement shall continue untilterminated by either party in the manner herein provided.

Section 9.2. Effective Date of Termination. Upon written notice byeither Agency to the other, termination shall be effective no sooner than ninemonths from the date of notice unless by mutual agreement the Agencies agreeto an earlier termination date.

Section 9.3. Disposition of Personnel and Assets. Upon thetermination of this Agreement, any assets acquired by the Authority and stillon hand shall be distributed to the Agencies as determined by mutualagreement at the time of termination on the basis of appraised value at thetime of termination and in accordance with the allocation formula which waseffective at the time of acquisition. Agency contributions contained in Exhibit"A"which are still on hand shall be returned to the contributing agency.Personnel shall be distributed back to each Agency on a lot basis in a manner

. to be determined by the Authority.

Section 9.4. Pending or Outstanding Claims, Demands andObligations. Upon termination, the Authority shall to the extent possibleidentify all pending and outstanding claims, demands and obligations andestablish a mutually acceptable basis for the future resolution of same ifexpenses are to be incurred in the name of the Authority. Claims, demands,and obligations which are outstanding should be settled in accordance with theprinciples of Article VII.

ARTICLE X - MISCELLANEOUS

Section 10.1. Effective Date. The effective date of this Agreementshall be the day and year first hereinabove written.

Section 10.2. Notices. Notices hereunder shall be in writing andshall be sufficient if delivered to the Maywood City Manager, City of Maywood,

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4317 Slauson Avenue, Maywood, California 90270, and the Bell City Manager,City of Bell, 6330 Pine Avenue, Bell, California 90201.

Section 10.3. Section Headings. The section headings are forconvenience only and are not to be construed as modifying or governing thecontent of the sections referred to.

Section 10.4. Consent. Whenever in this Agreement any consent orapproval is required the same shall not be unreasonably withheld.

Section 10.5. Law Governing. This Agreement is made in the State ofCalifornia under the Constitution and laws thereof, and is to be so construed.

Section 10.6. Amendments. To preserve a reasonable degree offlexibility, many parts of this Agreement are stated in general terms. It isunderstood that the Agencies may from time to time adopt and implementinterpretations, rules and regulations to further define the rights andobligations of the Agencies and carry out the purpose of this Agreement. ThisAgreement may be amended at any time or from time to time by one or moresupplemental agreements in writing as approved by each Agency, either asrequired in order to carry out any of the provisions of this Agreement, or forany other purpose authorized by law.

Section 10.7. Severability. Should any part, term, or provision of thisAgreement be decided in the Courts to be illegal or in conflict with the law ofthe State or otherwise be rendered unenforceable or ineffectual, the validity ofthe remaining portions or provisions shall not be affected thereby.

Section 10.8. Successors. This Agreement shall be binding upon andshall inure to the successors of the respective Agencies. Neither Agency mayassign any right or obligation hereunder without the prior written consent ofthe other Agency.

IN WITNESS THEREOF, the parties hereto have set their hands the dayand year first hereinabove written.

ATTEST: ATTEST:(Signature) (Signature)

City Clerk City Clerk

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CITY OF MAYWOOD(Signature)

Mayor

APPROVED AS TO FORM(Signature)

City Attorney

CITY OF BELL(Signature)

Mayor

APPROVED AS TO FORM:(Signature)

City Attorney

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